Reasonableness Prevails, But It's Starting To Look Like Correctness: Mason v. Canada

Key Takeaways

1. Reasonableness remains the presumptive standard of review in all judicial review cases, and the exceptions are very limited.
2. Even where the standard of review is reasonableness, there may be situations where only one outcome or decision is reasonable in the circumstances.
3. Tribunals and decision makers' reasons should expressly address every relevant argument that a party makes.
4. The relevant legal constraints that an administrative decision must consider may be broader than previously thought.
5. A court should not consider the statutory scheme or legal "lay of the land" before reviewing the reasons.

Background

In 2019, the Supreme Court of Canada (the "Court") released its much-awaited decision in Canada (Minister of Citizenship and Immigration) v. Vavilov.¹ Vavilov held that reasonableness will be the presumptive standard of review in all administrative law cases, unless the legislature intends otherwise or the rule of law requires